east. they are not required to report the flu deaths of people over the age 18. but 18 people under the age of 18 died from the flu and more than 200 people were hospitalized because of flu symptoms. >> molly, thank you very much. this year's flu season is gearing up to be the worst. the number of americans reporting flu-like symptoms and climbing to six percent and compare that to last year at this time, 2.2 percent of the people were reporting symptomings . so far total of 41 states reported wide spread cases of the flu. >> president obama's hawaii vacation is about over. this time tomorrow he will be back in washington and facing a budget showdown with the republicans. this time over the nation's rising debt sealing. senior white house foreign affairs correspondant joins us

live from honolulu. >> even though the president warned against it republicans are posed to use the coming debate . supports the spending cuts they didn't get in the fiscal cliff hike. moodies lowered our credit rating and president said that congress is holding back our own economy. it can't afford more protractive showdowns and crisis on the way. ine as our business created two million new jobs and 168 thousand last month. the messy brink manship made it more conseshative and consumers less confident. >> congressional budget office said the fiscal cliff deal leaves a 900 billion a year budget deficit and republicans say there is no confidence that the country will get its

debt problem under control. the tax hike that congress approved and ended the revenue part of the question. spending cuts are all that is left. >> when you have no more money in your account and credit cards are maxed out. spending must stop. that's the reality facing america as we talk about the debt limit budget. we have to tackle washington's wasteful spending! >> the country reached the debt sealing in the new year. creative accounting moves can give us some. thank you for that report. you can get up to speed. coming up on "fox and friends" tomorrow. john robers is in for chris wallace and joined by

congressman jim word jordan of chicago and holland of maryland. that is tomorrow . and check out your local listings for times. >> new word that president obama could nominate next secretary of defense. reportedly set to tap republican senator and vietnam war veteran chuck hagel. here's the report. >> it is it a evening white house sources cautioned no decision was made on the top.gon spot. chuck hagel, former two-term senator from nebraska is likely to be nominated next week. a maverick that opposed the surge in iraq. hagel is assured of rough sleeding. marko rubio has signaled he would blocklet nomination

unless hagel's. heap was balking at the hes bolaas a terrorist aaron darren miller. heaid juros momop they intimigated people here. gay and lizon on brutes are not happen about the first openly gay am ambassador whom hagel called aggressively. he requested for job of defense secretary. he's been on over the long year and supporter of the sphate of israel.

>> he saw nothing to >> pleasure is being in aid to a key ally. later this months the u.s. is set to deliver firefighterers and anchors it is the first time it was struck with former president mubarak. with the american economy uncertain . a growing number ofitucs want. there is a car bombing in damascus and follows a series of deadly attacks that the government is blaming on the rebels. there are battles in the sublurbs and south of the city

and on the road of the airport. >> president obama will deliver a some tomorrow what will be his first every yeart >> an eagle pilot was arrests . officers took control of him before he was supposed to try from on - a breath it is weigh benefit 4.04 percent. he was the incident destroyed the they areria legaled that the move we are getting away with stuff . he's nots only fom obviously.

they made the rit typeset . i am glad i was not on the night. >> eagle has a subabuse policy that is designed to putut customers and ourselves first. >> why are hooking at the on - >> donal 19 19 this found in the last seen leavering a they believe she suffered from hitopothempia. i was sheer she was going to diagram home. >> i was thinking show would. >> she was an amazing person . always blightened your mood when you were upset. >> you don't expect the outcome and we are going to

deal with it now as best was we can. she will be really missed and i am sorry, that's all i can say. >> tough times out there. and the news came as friends and family numbers and local businesses were gearing up to search for her . main people are in store for wet weather this weekend. midwest that is today, it will move in the northeast by tomorrow . stop it, rick. >> you are allowed. >> can i see the prompter? who knows? well anyway. the rain and snow are heading to the pacific west. we are talking about folk necessary central texas. they are waking up to a wet morning . nancy of station ktbc has the story.

today the family only needed this much snow to make a morning adventure out of it can no sleeds need indeed central texas, a laundry basket had to do and that is fine. >> it is very g cool. >> when he found out the hill country woke up to snow. he had to bring them all the way from austin. >> i brought the kids and let's find snow and do it. >> there was one more thing to check off of the. >> it is good. >> it is the same for the ericson country. no four year old dena got her. it was a surprise if from mom who thought they were left

baptists we want to it not yust very long. this was city. this was sunday to us. furry area sayswroylet morningviewers sent us pictures enjoying the snow . just like the erics republican prouving that a little snow goes a long way. we had to get out and weighed through it. they are having a wube. coming up never before seen practicalment coming up . details on it is wonry where

ask why it was banned for publicication . >> making approximately cusime . and a trying to clear up the grid lock in deck dick. but why do critics say their pro posal could make it worse. understandability the majority is prut traited with their ability to the aarons in this is it is our . anyone have occasional constipation,

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time for a quick check of

headlines. a photoof princess diana before her crown will be up for auction. it is february 1981 and shows teenage diana with a food companies emerging as bidders for the bankrupt hostess brand. they could be named early next week . polar cub cell blating her first birthday. welcome home in west germany presented her with a cake and card board walrus to play with. >> growing uncertainty on capitol hill to overturn the filibuster rule. this is it a procedure that allows any one lawmakers to delay or block the vote on given poare posal. critics say it would cause more grid lock than it seeks

to eliminate . democrat martin frost formerly represented the 24th district in texas. happy new year . congressman, i remember watching the jimmy stewart movie and he stands on the floor of the senate and speaks for 24 hours to block a nasty piece of legislation. those days are long gone, aren't they? >> that's right. all you have to do is it thriten to filibuster and if the other side can't put up 60 votes they pull the bill and you don't debate. first of all, majority should rule and a whether democratic or republican can bring up legislation and pass it but we don't vathat. and if they are filibuster in the movie, they have to stand up there and filibuster. they don't have to do that but threat know it. there is it uation in the house. i served on the riles

committee. there was debate and amendments and function in an orderly way and orderly rule. they don't have that in the united states 60 e senate. >> stopping legislation by threatening . it shouldn't be that easy. >> it should not be. i agree with congressman. mr. bring mr. smith back to washington and if you are going to do that continue to block the bill where it is open andeb can see it and it is it covered live on television and the pressure is on you. i think it lies with the majority leader who refused to put a bill on the floor. you talk about grid lock. harry reid can't put a budget together in three years. the other problem is blocks on it secretly. there is a lot of things can be better.

it is it not really going to solve the problem because it allows them . it doesn't seem like the mcgain levin plan is a good one. it doesn't require the parking filibuster that jimmy stewart made so famous. the main point. if 61 senators want to act they will act. they ought to lower the thres hold from 60 down to 55 . say a majority rules . 51 votes. we will bring up a bill.

and it is the 51 percent should do it it is the latest. it is it a good or excellent job. i wonder your thoughts . and now the debt sealing. and cuts to popular program. and i wonder if you think it is. message was american people wanted status quo . and they expect it in

goverping. but they don't want the status quo. they want comp -- compromise. you don't just hand over control. founding fathers wanted a stop gap to make sure minority retained its rights. we have a majority leader who will not let the bills hit the floor. >> brad brad. i don't think the founding fathers cob templating a filibuster. but let me finish. what they wanted was a senate where each state had two votes. it would be a counter weight to the house where the large states had the majority. they were not trying to achieve grid lock where you have a super majority to vote on a bill. the only majorities in the constitution is propose a constitutional and we know about that and limited other

things which have nothing to do with the every day conduct of the affairs in the senate you mentioned that the american people want to see lawmakers and the president working together. i dont think we will see it the big battles are coming up on raising the debt ceil tough decisions have to be made . we are over the tax hurdle and the real, real important decisions that are made in the next couple of monthses on spend debt ceiling and reducing the deficit . i don't think he will give in an inch. he's dug n and that is it a nonnegotiatable . it needs to be raised period. it is it silly to say we will not pay our bills .

the issue is to reduce the deficit . it shouldn't be held hostage. it is it an artificial creation and nuts not to honor. and i would hope that i was ending the sequestitration and continuing resolution that expires in march that we do something about the deficit and it needs to be a good bit of spending cuts. that is it a issue. gentlemen good discussion thank you so much. and a new effort is underway to help those preserve the past. they are volunteering the services to save thousands of treasured photos . it is it a labor of love and

we'll have more. if is it called care . it is helping super storm sandy victims replace what is seems at first irreplaceable. they rode out the house in ocean side new york. it is hardest thing . it destroid everything that was carefully boxed up. i found our wedding album that we had downstairs for a time being . it was saturated and i stood there and i was afraid to bring it upstairs to show my wife because i didn't know her reaction. >> i were able to restore many of the photos and making it possible to pass them along to

future generations . it is including photos from around the world and remove mud stains and scratches from damaged photose. upon each can take 17 hour to restore. they have the skills and we are allowing three months to finish for that and people can take care of bills and regular life . help people. and it is scanning up to a hundred photos per hour. >> it is very, very good and much appreciated i am sure. thank you for that report.

it is it making a come back. and will it lead to better days. very brave souls take the plunge we'll actul where?

>> thank you for spending part of your saturday with it was.

president obama insist that is congress must lift the debt ceiling. the president said the nation's credit rating is at stake . the second bank robber recaptured after a prison break makes his first court appearance. he could face five years behind bars . mediator in the nhl labor fight is back. both sides have less than a week to end the lock out. recovery crews are preparing to move a drilling rig that ran aground in the remote alaska island. it was towed during a storm to seattle when it was separated from the tow lines. crews are gearing up to attempt to recover the rig. dominic is track from the la news room. >> hey, there. describing it as firm's

agrounded drill ship on the rocky banks. on the islands that is just south and means seriously stuck and how to get it out of the water is a massive plan. it involved sea and air and land operations. the risk is more bad weather is coming in the area it could mean hostile conditions . today they flew in more crewing to fix the power on the rig. their lives are at risk in doing this. >> so many people involved in the resphonce operation. we have air and float assets and people staging . it is it maintaining that safety. we have having this situation for days and in challenging condition. >> staste for people and safety for the shore line and for the sea there.

environmentalist fear the kulluk it spill the fuel. >> conditions in the artic is much worse than conditions they encountered receiptly. there is no question that it confirms it is time to stop all drilling in the artic. >> conditions that we have now are the best conditions to get the drill ship salvaged. but the unpredictable the i of the weather. pressure is it on to get it don quickly as possible. with the high seas and wind there already makes it difficult already. to you. >> thank you very much. rick there are new signs that the recovery in the housing market that began last year was no fluke. both home sales and prices are set to rise as well rebound is sparking a pick up in construction activity that fuels economic growth.

since it stirred four years ago. does the recovery signal an upswing for the economy as well ceo and founding lex can. >> happy new year. >> what is driving the optimism. >> a number of things are driving optimism. they look at two main things. they say can i afford it and does it make more sense to rent or buy. >> we have low housing prices and affordable mortgages and rental market is strong. people are saying it is time to dive in ta and buy. >> how does unemployment factor in? a couple of wayings. we see the phenomena where 20s are getting their first job. they are leaving the nest and moving out from mom and dad and keeping rents high. more established coupeles that have choices are deciding to buy . also the housing market that

was a head win for jobs is a tail wind now . creating jobs on the supply chain not just in construction but manufacturing and distribution and retail. it is it really creating a lot of jobs. >> that is it all good news but is this cause for concern? >> yes, there is always reasons to be a little concerned in housing is no exception . so it is it you know, silly to buy a home and expect it to appreciate it quickly and bay one and say that is my retirement strategy. you still need a high credit score and more down payment and getting a loan is not easy. we have seen a larger cultural shift. homeownership was woven in the american dream and that is it revised. a lot of americans are comfortable renting and we are seeing builders take that in

to multifamily homes. >> i want to get back to that if i have time. but that is it the affect of the washington factor in all of tell me about that. grid lock in washington erodes consumer confidence and housing recovery is still in a fragil stage at this point . the grid lock and more dangerous it is it for the recovery . we have very low interest rates . so if there is a rise in interest rates. mortgages could be more expensive. >> and i tomit get back tolt housing department. in terms of renting and buying. low interest rates, they are taking advantage of that and but a lot of people are renting and then because there is it unemployment or underemployment factor that is coming in to play in that equation. >> kev nitly. homeownership is not a goal of

most people now adays and it is thought of something that could potentially be a negative as much as a positive. it is harder to move. >> and people are having to go where the jobs are . you can't say i am going to buy this house and stay here for 25 years. sometimes it is it little less. >> most definitely and in the theme of real estate. we are seeing recoveries that are sensitive to location, location, location . areas in major like new york and san francisco are seeing healthy recoveries . rural areas are lagging and struggling a bit. >> over all, you brought us good news and that is it a good way to start up the new year . you thank you very much. my kids, my dogswill love these. >> thank you, rick. >> talking about down payments on a house. think of all . things you could do with

27,000 like put it tord a down payment. this retired businessman paid for a single bottle of scotch. not just any bottle but a 50 year old bottle of scotch whiskey and there are plenty of other way to spend the money. this is one of the most exclusive. >> i could pay it on a sports car. i scotch. it was interesting different and not something someone down the street or somebody else in oregon has. >> that's true. >> shelledenburg is planning a special event to sca're share his scotch with his family. >> i would like a taste. >> it steams like there is nevera a shortage of people willing to head first in cold

water. that's coming up next, giges. >> and constitients got hit hardest by the fiscal cliff deal. why would lawmakers actually vote in favor of the bill? did you know wh heartburn, it's tolate to take prilosec because... but it's but zantac® works differently. it relieves heartburn in as little as 30 minutes. in fact, so, when heartburn strikes, try zantac® this has been medifacts for zantac®

>> thousands of people in

belgium braving today's freezing to take a dip in the chilly waters of the north city. it was cancelled last year weather conditions were called unsafe. at first degrees the air temperature with be pretty brutal. >> we are learning new details about the way congress voted for the fiscal cliff deal. lawmakers whose districts were likely to get hit by the bill's higher income taxes were the ones who ended up voting for it in the end. what are we to make of all of this and what does it mean for future negotiations. we have the professor here in a fox news contractor. >> happy new year to you. >> what would you say is the reason behind how the votes were cast?

>> well, first of all, some members congress actually vote their conscience and vote for what is right and not only what the constitients want. if you look at these districts . 12 out of the 20 top ones . they vote against the economic interest . we have liberal and democraticic . districts where a lot of people, not me own a lot of stoke and worry about how the market respond. they contribute to the vote. some of them feel like it is for the over all economy. if you invest in the market and worried about the implications and of over the

fiscal fifth. that will contract . if we didn't get this deal it could be worse. it would be the less of two evils . how do the votes are forecast how the upcoming votes and spending cuts will be devied up. >> and what is interesting in this vote. republicans in the senate cut a deal with the democrats and when it came to the house. you had the republicans joining the majority of democrats to put it through . for john bone bone they are irrelevant. he gets reelected and the deal is cut where a majority of the party is against thim.

because of what we are talking about and higher income voters and higher income districts and democrats are wielding the power . the president is in control and the republicans are divided. you will see the debt sealing increase . my eyes are wide open and you really think that the debt ceiling is going to increase. i think by all expectations pretty much knock down and drag out fight. it was over the fiscal christ and what we saw one is a divided republican party andine though it controlled the house was unable to put together their own deal. you only need a minority of republicans.

it is a rool where the house and speaker would call the vote unless a majority of the party was in favor of the legislation. that went by the board and unlesslet republicans in the house can get their act together and act in a united way which they showed no signs of doing. the power goes to the democratics. speaker bone bone might have trouble corralinglet caucus. >> really. some of the top guys and whips who are whipping the vote were against him . so i think there is it a ricis right now in the republican party. particularly in the house. between very conservative members and the pragmatist and until and unless they find common ground. you are going to see the president and the democratics

-- democrats in the senate with the republicans calling the shottings. >> we'll be watch i know you will be around to talk about it >> happy new year. >> and i want to remind the viewers to read her syndicated column every wednesday and friday. rick? >> yawhat are you -- what are you doing? >> i am sorry. >> chocolate cereal. >> and not just for kids. >> it is it actually pretty good. not just for kids and not for breakfast. consumer mag wreen is here with the very best. sue perry will join us as we come right back. lth plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health.

one a day men's 50+. big time taste should fit in a little time cup. new single serve cafe collections from maxwell house now available for use in the keurig k-cup brewer. always good to the last drop. and there's a big advantage parents can give their kids -- making sure they get active at least 60 minutes each day. studies show that physical activity not only helps kids stay healthy, it can enhance important skills, like concentration and problem solving, which can improve academic performance. this means physical activity can help your kids in the most important game of all -- life.

>> you love chocolate cereal as a kid and now it is growing up for adultings. a bunch of cereals have that satisfying chocolate crave in the morning. >> consumer report shop smart did serious tasting on 12 popular brand and stew perry is here. happy new year to you. are are these healthy? >> no. >> come on. cocoa puffs or pebbles. they are tastey, there is it a lot of them out there and a lot of chocolate cereals marketed to grown ups and we wanted to see which one was the tasteyest and didn't make make the grade and we tested 12 different . i bought four with me that are winners and we had six winners altogether.

this is the winner. >> yeah. this is it granola and heavenly chocolate. >> and the most expensive. >> it is it under five dollars for the bag and most caloric and 130 calories and has approximate fat in that and this is it a portion. it is it a quarter cup. >> that is it 130 calories. >> and that is it a quarter of a cup and it is good and tastey and occasional treat. it is it okay. >> like i said like a dessert. >> this one is cococheeries -- cococherios . our tasters said the milk brought out the chocolate flavor and the cereal stayed crunchy in the milk. we like it a lot.

>> i remember it would get me to drink all of the milk. >> and absolutely. yeah. >> it is it tastey. >> i like that. >> and this one is the frosted miniwheats chocolate . it has six grams of fiber which is good for any kind of breakfast cereal . aim for four grams or more . so that is very good. where it kind of falls down it is it higher than sugar than we , like. >> where are you going. >> i am getting a coughing attack. >> i like this one. it is not bad. >> it is good dry and nice as a snack. >> and this is it a new comer. on the bike. >> it is crave. it is it milk chocolate in the middle. >> these people are geniuses. unbelievable. there are people paid a lot of money. where can we put the chocolate.

shove it in the middle. oh, pretty good. >> i like it they're good. they are tastey and they are good. >> it is it a surprise in there. >> why are may marketing it to adultings. >> adults like chocolate, too. and they don't necessarily want cocoa puffs. everybody loves it and extends the market. >> the price with the bare naked but the other -- >> they are around four dollars a box. this is it most expensive and little under five dollars. >> at my super market we can buy off brands . there are costco brands and walmart brands that are making chocolate. >> we didn't find any . no store brand in these tests and i don't know if there is it a store brand.

if not they will come. >> thank you for bringing them n >> i like this one here. >> thank you very much. >> thank you for joiningugs. stick around for the fox report. shannon grine in for harris. see you later. this is america.

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town where a gunman went on a rampage inside the movie theater. we are live at fox reports tonight. >> an active investigation underway in awe -- aurara, colorado. in moments fox reports from police just revealed about the latest shooting tragedy. and the owner of this oil barge stranded off of ark's coast said it's too soon to predict when it can be safely removed. but now a new timeline emerging how long the task can take. one measure is in months. and criminals operating in broad day light. while this bandit has the fbi on his trail, and a different manhunt for this culprit. we begin tonight with new concerns about the flu. it is spreading quickly, reaching far and the results in some cases are deadly.

the centers for disease control and prevention say they are seeing widespread reports of the flu in dozens of states. this map showing areas hit hard. they are highlighted in red. the bug killing at least 18 children nationwide. now everyone is being urged to take precautions. we are live in washington. molly, we understand the actual number of deaths likely higher than 18. what's that about? >> it's because states are not required to report adult flu deaths. so we know that 18 people under the age ever 18 have died from this year's flu but we don't know how many people over the age ever 18 may have died. doctors say they are concerned about this year's flu season and here's why. >> we know about this year is that it seems to be starting sooner than most flu seasons. and the strain of flu that is spreading tends to be associated with earlier and more severe flu years. >> doctors say you can still get a flu shot. it takes about two weeks to become effective but that can give you some protection